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MAURITIUS.

No. 24.
Right Hon. Sir
E. B. Lytton, Bart.
M. P. to Governor
Stevenson.

1 April 1859.

Page 224.

"although she met with no bad weather on the voyage." The Protector of immigrants in
Mauritius now transmits a declaration from the master of the "Bengal Merchant," to the
effect, that on the voyage referred to she met with very bad weather; that she threw over
only a portion of her cargo; that her voyage from Mauritius to Calcutta with return emi-
grants was perfectly successful; and that she has since been taken up, without having been
repaired, for the conveyance of Government stores to Rangoon. The inference which Mr.
Hugon desires to have drawn is, that the ship was perfectly seaworthy when taken up for
return coolies, and that no blame attaches to him in the matter.

3. It seems unnecessary to pursue this discussion. It is admitted that the Government of Mauritius were unconscious that the Imperial Passenger Act applied to vessels carrying emigrants from that Island to India, and consequently that none of the precautions required by the Act to ensure the sea-worthiness of such vessels had been observed. I suggestedin my Report on this case of 8th ultimo, that the real state of the law should be pointed out to the Governor, and that he should be furnished with copies of the Passenger Act and of the certificates of survey and clearance in use in this country. If the law is properly put in force, there is no risk that an unseaworthy ship will hereafter be employed in the emigration service. But it is clear that whatever may have been the case with the "Bengal Merchant," there has heretofore been no security on that point as regards ships taken up in Mauritius.

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I have, &c.

(signed) T. W. C. Murdoch.

(No. 183.)

COPY of a DESPATCH from the Right Honourable Sir E. B. Lytton,
Bart. M.P. to Governor Stevenson.

Sir,
Downing-street, 1 April 1859.
WITH reference to your Despatch, No. 96,* dated the 24th April 1858, I
have to inform you that Her Majesty's Government approve of the plan of
placing the Emigration Agency at Bombay on the footing recommended by
the Immigration Committee (involving a charge of 9957. 16s. per annum for
establishment and contingencies), subject to the annual revision which they
propose, and of your having given effect to the measure in anticipation of

sanction.

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297

AN ORDINANCE enacted by his Excellency, Francis Hincks, Esq. Governor and Commander Title. in Chief in and over the Island of Saint Lucia and its Dependencies, and by the Legislative Council thereof, &c. &c. &c., to amend the Ordinance, No. 3, of the 22d day of April 1854, providing for the Immigration of Coolies into this Colony.

Appendix, No. 1.

WHEREAS it is expedient to amend an Ordinance passed by the Lieutenant Governor Preamble. and Legislative Council of this Colony, on the 22d day of April 1854, entitled, " An Ordinance to provide for the Immigration of Coolies into this Colony, at the public expense, and for the regulation and government of such Immigrants."

Be it therefore and it is hereby enacted and ordained, by his Excellency Francis Hincks, Words of enactment. Esq., Governor and Commander in Chief in and over the island of Saint Lucia and its Dependencies, by and with the Advice and Consent of the Legislative Council of Government, in exercise of the power and authority in him and them vested by Her Majesty in that behalf.

1. That the term Governor shall include any person lawfully administering the govern- Words of construction ment of the Colony, and the term Immigration Agent shall include any stipendiary magis- and generalisation. trate or other person appointed by the Lieutenant Governor to exercise any of the functions of the immigration agent.

3. And be it enacted, that it shall be the duty of the Immigration Agent to collect and take possession of the property of any cooly immigrant who shall die in this Colony, and (with the sanction of the Governor) to deliver all such property to any person in the Colony who shall establish a right to the same, or in the absence of any such person, to turn the said property into money, and pay the proceeds into the Colonial Treasury, in order that the same may be remitted to the person or persons in India or elsewhere who shall be entitled thereto.

2. And be it enacted, that it shall be lawful for the Governor in Council, from time to Authority to Governor time, to make regulations for allowing to Indian labourers such holidays or days to be to regulate holidays to observed as religious festivals, as to him shall seem fit, anything in Section 14 of the said Ordinance of the 22d day of April 1854, to the contrary thereof notwithstanding.

Indian labourers.

4. And be it enacted, that it shall be lawful for the Governor to make all regulations necessary for giving effect to the provisions of the last preceding clause, and any person contravening such regulations shall be liable, on conviction thereof, before the Royal Court of this island, to a penalty not exceeding 5 l.

Property of cooly immigrants how to be distion Agent. by Immigra

Governor authorised to

make for

enforcing the last preceding clause.

Penalty for contraven5. And be it enacted, that the Immigration Agent shall board every ship arriving in the Immigration Agent to ing regulations. Colony with cooly immigrants, and shall ascertain and report to the Governor the number board ship with cooly of immigrants embarked in her, the state of their health, the number of deaths which have the number of immi⚫ccurred on the voyage, and whether the provisions of the charter-party under which such grants embarked, their immigrants and report immigrants have been conveyed from India have been performed, and the said immigration health, and number of agent shall thereupon assign the said immigrants to planters, who shall be ready to employ Assignment of immithem in manner provided by the herein before mentioned Ordinance of the 22d day of April 1854, grants by Immigration and still such assignment shall provide them with proper and sufficient food and lodging: Pro- Agent in terms of the Ordinance of the 224

deaths, &c.

0.13.

RR3

Wages.

vided always, that the wages payable to the said immigrants (subject to the deductions mentioned in Schedule A. to the said Ordinance), shall be equal to the wages paid to labourers not In all allotments wishes receiving gratis medical attendance, lodging, or provision grounds: Provided also, that in such allotment the wishes of the immigrants shall, as far as possible, be ascertained and attended to, and that in no case whatever shall any husband and wife, nor any parent or child, or parent and child to be allotted to different employers.

of immigrants to be
attended to.
No husband and wife

be separated.

Appendix, No. 1.

Inspection by immigra

tion of estates on

are employed. Immigration Agent to inquire into complaints

6. That the immigration Agent shall, at least twice in the course of every year, inspect which Indian labourers every estate on which Indian labourers are employed, and shall ascertain whether such immigrants are properly treated, and shall inquire into any complaints which may be made by the employer against the immigrants, or by the immigrants against the employer, and shall report the result to the Lieutenant Governor; and any person obstructing the immigration agent in the performance of such duty shall be subject and liable to the penalties Penalty for obstructing imposed by Section 23 of the said Ordinance of the 22d day of April 1854.

and report the result to Governor.

Immigration Agent in

the performance of his duties.

Power of Immigration Agent, with the sanction of Governor, to cancel contract.

Duties of Immigration

when

8. And be it enacted, that in respect of all ships leaving the Colony with return imunileave the Colony with grants, the Immigration Agent shall perform all the duties imposed on emigration officers in England, by the Passengers Act, 1855.

return immigrants, to be the same as those imposed on emigration

officers in England by Passengers Act 1855.

Certain words in section 1st of the Ordi

9. That the words "at the expiration of their industrial residence," in Section 1 of the herein before mentioned Ordinance of the 22d day of April 1854, and the 9th and 24th nance of the 22d April Sections of the said Ordinance are repealed, and the same are hereby repealed accord

1854, and 9th and the

ingly.

24th sections of the said Ordinance repealed.

Immigrants who are entitled to a free passage back to India.

Notice to applicant for return passage when such passage can be given to him.

Allowance to be

granted to cooly immigrant entitled to a free passage until such passage be offered him.

Governor to provide

back passage for cooly immigrant unfit for

labour.

7. And be it enacted, that it shall be lawful for the Immigration Agent, with the sanction of the Governor, to cancel the contract of service of any cooly iminigrant, who, being paid according to the quantity of his work, shall not have received work sufficient in the opinion of the said immigration agent to enable him to earn a reasonable amount of wages.

Contract how and when valid.

Ordinance when to be in force.

10. And be it enacted, that every cooly immigrant shall be entitled to a free passage back to India who shall have resided ten years in the Colony, and during the said ten years shall have completed an industrial residence of five years in manner prescribed by the aforesaid Ordinance of the 22d day of April 1854; Provided always, that no such free passage shall be applied for except within 18 months of the time at which it shall have become due.

11. And be it enacted, that the Governor shall give to each applicant for a return passage at least three months' notice, as precise as circumstances render possible, of the period at which such passage will be offered him.

12. And be it enacted, that there shall be paid to every cooly immigrant, who shall become entitled to a free passage to India, the sum of 25 s. for every six calendar months which shall intervene between his application for such passage and his receiving an actual offer of or opportunity for the same.

13. And be it enacted, that the Governor may provide a back passage, at the expense of the Colony, for any cooly emigrant who may have become unfit for labour at any period of his industrial residence.

14. And be it enacted, that except as provided by the said Ordinance of the 22d day of April 1854, no contract of service made for a period of more than three months by any cooly immigrant, not having completed his industrial residence, shall be valid as against such immigrant unless it shall have been made in the presence of and approved by the immigration agent, nor unless there shall have been paid to such Immigration Agent the sum of 12s. 6d. for every period of six months for which such contract is to endure.

15. And be it enacted, that this ordinance shall take effect and be in force, from and after the proclamation thereof.

Given under my hand and the great seal of the said Island of Saint Lucia, this 13th day of July, in the year of our Lord 1857, and in the 21st year of her Majesty's reign.

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AN ORDINANCE, enacted by Henry Hegart Breen, Esq., Administrator of the Government Title.
of the Island of St. Lucia and its Dependencies, and by the Legislative Council thereof,
&c. &c. &c., to make provision from the General Revenue of the Colony, for the deficiency
arising in the "Education Fund," in consequence of the repeal of certain clauses of the
Ordinance No. 7, of the 13th day of February 1851, entitled: "An Ordinance to raise
Funds for Promoting the Education of the Inhabitants of this Island, and for facilitating
their means of intercourse by the Construction and Maintenance of Roads and Bridges.'
WHEREAS by clause 3, of the Ordinance No. 7, of the 13th day of February 1851, Preamble.
entitled: "An Ordinance to raise funds for Promoting the Education of the Inhabitants of
this Island, and for facilitating their means of intercourse by the Construction and Main-
tenance of Roads and Bridges," a tax of 6s. 6d. is imposed for, and in respect of every
house within the limits of this Colony, except as therein excepted.

And whereas, by the said Clause 3 of the said Ordinance, it is further enacted that of the aforesaid sum of 6s. 6 d., 4s. shall be placed by the Colonial Treasurer to the credit of a fund to be called the "Education Fund," and be at the disposal of the Board of Education.

And whereas, by the Ordinance No. 12, of the 19th day of November 1857, entitled: "An Ordinance to repeal the existing Laws in respect to Roads and Bridges in this Island of St. Lucia, and to make better provision for the formation and keeping in repair of the Public Roads and Bridges of the said Island," the said Clause 3 of the said Ordinance No. 7, of the 13th day of February 1851, has been repealed; and in consequence of such repeal, there will be a deficiency of about 5007. sterling in the said "Education Fund."

Be it therefore and it is hereby enacted and ordained, by Henry Hegart Breen, Esq., Enacting clause. Administrator of the Government of the Island of St. Lucia and its Dependencies, by and with the advice and consent of the Legislative Council of this Island, in exercise of the powers and authority in him and them vested by Her Majesty in that behalf.

1. That for the purpose of supplying the deficiency which may arise in the "Education Fund," in consequence of the repeal of the aforesaid tax of 6s. 6 d., it shall be lawful for Her Majesty's Treasurer, and he is hereby authorised, to appropriate in each and every year from any surplus of the General Revenue of the Colony, a sum not exceeding 500l. sterling, which sum shall be carried to the credit of the said "Education Fund," and be at the disposal of the Board of Education.

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Appendix, No. 2.

2. And be it enacted, That this Ordinance shall take effect, and be in force, from and. Ordinance to be in after the Proclamation thereof.

force on and after its
proclamation.

Given under my hand and the Great Seal of the Island of St. Lucia, this 19th day of
November, in the Year of our Lord 1857, and in the 21st year of Her Majesty's reign.
By Command,
(signed) George M. McLeod,
Chief Clerk.
Duly proclaimed in the Town of Castries, on the 15th day of June, in the year 1858.
Chs. Bennett, Provost Marshal.

annually out

Authorises H. M.
Treasurer to appro-
of any surplus of the
general revenue a sum
not exceeding 500 l.,
and to carry same to
credit of "Education
Fund," to be at disposal
of Board of Education.

Appendix, No. 3.

AN ORDINANCE enacted by Henry Hegart Breen, Esquire, Administrator of the Govern- Title. ment of the Island of Saint Lucia and its Dependencies, and by the Legislative Council thereof, &c. &c. &c., to amend the Ordinance No. 7 of the 2nd day of May 1850, entitled "An Ordinance for promoting African Immigration into the Colony of St. Lucia, and the Industry of the Immigrants."

WHEREAS by a certain Ordinance made and passed in this Island, on the 2d day of Preamble. May 1850, for promoting African immigration into this Colony of St. Lucia, and the industry of the immigrants, it is among other things provided that no agreement shall be construed to be an engagement to labour, within the meaning of the said Ordinance, unless such agreement shall be expressed to be, if a first agreement, on the part of the immigrant, for the term of 12 months.

Appendix, No. 3.

Words of enactment.

Agreements with African immigrants who shall have attained

the age of 18 years to be for a period not exceeding three years from date of agreement. Agreements with African immigrants under 18 years, to be from date of agreement to date of attaining said age of 18 years. Ordinance, when to be in force.

Appendix, No. 4.

Expenses incurred for introduction of African immigrants to be paid out of the Colonial Treasury.

Incorporated with
Act No. 230.

And whereas by the said Ordinance it is further piovided that in cases of captured Africans, who on their arrival in this Colony shall not have attained the age of 17 years, it shall be lawful to make their first contract for service extend over the period between the date of the said contract, and the date of their attaining the age of 18 years.

And whereas it is expedient to amend the said Ordinance, by extending the period for which agreements may be made with African immigrants in this Colony.

Be it therefore, and it is hereby enacted and ordained by Henry Hegart Breen, Esquire, Administrator of the Government of the Island of St.Lucia, and its Dependencies, by and with the Advice and Consent of the Legislative Council of this Island, in exercise of the powers and authority in him and them vested by Her Majesty in that behalf.

1. That from and after the proclamation of this Ordinance, every agreement with an African immigrant, who on his arrival in this Colony shall have attained the age of 18 years, shall be expressed to be for a term not exceeding three years, to commence from the date of such agreement.

2. And be it enacted that every agreement with an African immigrant, who on arrival in this Colony shall not have attained the age of 18 years, shall extend from the date of such agreement to the date of his attaining the said age of 18 years.

3. And be it enacted that this Ordinance shall take effect, and be in force from and after the proclamation thereof.

Given under my hand and the Great Seal of the said Island of St. Lucia, this 21st day of July, in the year of our Lord 1858, and in the 22d year of Her Majesty's reign.

By command,

(signed)

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No. CCLXXX.

AN ACT to promote the Immigration of Free Labourers from Africa.-(26th May 1858.)

BE it and it is hereby enacted by the Governor, by and with the Advice and Consent of the Legislative Council and Assembly of the Island of Grenada and its Dependencies, that it shall be lawful for the Governor from time to time to issue and pay from and out of the Colonial Treasury, to such person or persons as Her Majesty's Principal Secretary of State for the Colonies shall from time to time appoint, all and every such sum and sums of money, charges, costs, or expenses as shall or may from time to time be paid, expended, or incurred by Her Majesty's Government, or by the Colonial Land and Emigration Commissioners, or by the Governor of any or either of Her Majesty's Colonies or possessions in Africa, or by any person appointed or to be appointed by them, or either of them, in the hiring, employing, or licensing of any vessel for bringing or sending any free and voluntary immigrants into this Colony from any of Her Majesty's said Colonies or possessions in Africa, and in providing for the maintenance and clothing of such immigrants during their passage, and such other just expenditure as shall be caused by and be necessarily incidental to such immigration.

George M. M'Cleod,
Chief Clerk.

2. This Act shall be incorporated with the Act passed on the 8th day of September, in the year of our Lord 1855, intituled "An Act to alter the Law of Contracts with regard to Immigrants, and for the Encouragement of Immigration, and for the general Regulation of Immigrants," and be read and construed with the said Act as one Act.

Passed the Assembly the 5th day of May, in the year of our Lord 1858.
(signed)
John Wells,
Clerk of Assembly.
Passed the Legislative Council the 5th day of May, in the year of our Lord 1858.
Samuel Mitchell,
Clerk of Council.

(signed)

Henry Garraway,

F. Y. Checkley,

Dated at Grenada, this 26th day of May, 1858.
(L. M. S.)

(signed)

(signed)

Speaker.

President.

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